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Order Pre/2686/2011, 5 October, Which Creates The Commission On Environmental Monitoring Of The New Airport In The Region Of Murcia.

Original Language Title: Orden PRE/2686/2011, de 5 de octubre, por la que se crea la Comisión de Seguimiento Ambiental del nuevo aeropuerto de la Región de Murcia.

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TEXT

The Resolution of the Secretary of State for Climate Change of 30 March 2010, for which the environmental impact statement of the project "New airport of the Region of Murcia, phase II" is formulated, provides for in paragraph 5, the creation of the Environmental Monitoring Commission of the New Airport of the Region of Murcia.

This order aims to create the aforementioned Commission of Environmental Monitoring and to regulate its functions, composition, and operating system, all in accordance with the provisions of Chapter II of Title II of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In its virtue, on the joint proposal of the Minister of Development and the Minister of the Environment, and the Rural and Marine Environment, after the approval of the Minister of Territorial Policy and Public Administration, I have:

Article 1. Creation and attachment.

1. The Commission for Environmental Monitoring of the New Airport of the Region of Murcia, as provided for in paragraph 5 of the Resolution of the Secretary of State for Climate Change of 30 March 2010, is hereby established. New Airport project in the Region of Murcia, phase II.

2. This Commission is attached to the Ministry of Public Works through the Secretariat of State for Transport.

3. The Commission for Environmental Monitoring of the New Airport of the Region of Murcia is configured as an inter-ministerial collegiate body of the General Administration of the State in accordance with the provisions of Chapter II of Title II of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 2. Functions.

1. It is up to the Environmental Monitoring Commission of the New Airport of the Region of Murcia, the following functions:

(a) The monitoring of the application of the environmental protection requirements and determinations set out in the Resolution of the Secretary of State for Climate Change of 30 March 2010, for which the Declaration of environmental impact of the project "New airport of the region of Murcia, phase II", as well as those contained in the Resolution of the General Secretariat of the Environment, of 13 May 2003, for which the declaration of impact The environmental of the project "New Airport of the Region of Murcia first phase", that they have not yet been realized or must be monitored.

b) The environmental monitoring of the construction and operating works of the airport.

c) The follow-up to the elaboration and implementation of the Acoustic Isolation Plan provided for in the Environmental Impact Statement of 30 March 2010.

2. To carry out the tasks set out in paragraph 1. the managing body of the new airport in the region of Murcia will inform the Commission of the actions resulting from the Environmental Monitoring Plan, the objectives of which are to ensure the correct implementation of the preventive and corrective measures, both in the construction phase as in the holding stage, the determination of its actual degree of effectiveness and, where appropriate, the establishment of the necessary mechanisms to correct any deviations.

The managing body will also inform the Commission of the actions carried out for the implementation of the Acoustic Isolation Plan, as well as how many other issues related to the environmental protection of the new Airport of the Region of Murcia, the Commission requires information.

Article 3. Composition.

1. The Commission shall be composed of the following members:

a) A representative of the Environmental Quality and Evaluation Directorate, of the Ministry of Environment and Rural and Marine, appointed by the Director General of the General Directorate of Quality and Environmental Assessment.

b) A representative of the Air Safety Agency and Air Navigation of the State Aviation Safety Agency, designated by the Director of the State Aviation Safety Agency.

(c) Two representatives of the Autonomous Community of the Region of Murcia, representing the Ministry of Public Works and Spatial Planning and Agriculture and Water, appointed by the corresponding holder of the Counseling they represent.

d) A representative of each of the Ayaldales de Murcia and Fuente Alamo, appointed in accordance with the rules of internal rules of the respective municipalities.

2. A representative of the Management Entity of the airport of the Region of Murcia, designated by that entity, shall attend the meetings of the Commission, acting in a voice and without a vote.

3. The bodies responsible for the designation of the members of the Commission, as well as the managing body of the airport of the Region of Murcia shall communicate to the Secretariat the relevant representatives and their alternates for the cases of vacancy, absence, disease or other justified cause.

Article 4. Presidency, Vice-Presidency and Secretariat of the Commission.

1. The Presidency of the Commission will be carried out by the representative of the Directorate-General for Quality and Environmental Assessment of the Ministry of Environment and Rural and Marine Affairs.

It is for the Presidency of the Commission to exercise the functions provided for in Article 23 of Law 30/1992, of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure. In the event of a tie the vote shall be the responsibility of the President.

2. The Deputy Presidency of the Commission shall be exercised by the representative of the State Aviation Safety Agency, which shall replace the President in case of vacancy, absence, illness or other justified cause.

3. The Secretariat of the Commission shall be responsible for the Department of Public Works and Management of the Territory of the Region of Murcia to designate among its staff, who have the status of a licensed person in law, as well as to whom it must exercise temporarily their duties in case of vacancy, absence or illness.

The Secretary shall perform the duties of his office in accordance with the provisions of Article 25 of Law 30/1992 of 26 November, and shall act with a voice but without a vote.

Article 5. Operating system.

The operating system of the Environmental Monitoring Commission of the New Airport of the Region of Murcia will be in accordance with the provisions for the collegiate bodies in Chapter II of Title II of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

Single additional disposition. Public expenditure.

The operation of the Environmental Monitoring Commission of the New Airport of the Region of Murcia will be attended with the resources assigned to the administrative bodies and public bodies represented in it.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, October 5, 2011. -Minister of the Presidency, Ramón Jáuregui Atondo.